1. Overview

You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they can’t make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.

People may lack mental capacity because, for example:

they’ve had a serious brain injury or illness

they have dementia

they have severe learning disabilities

As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.

Types of deputy

There are 2 types of deputy.

Property and financial affairs deputy

You’ll do things like pay the person’s bills or organise their pension.

Personal welfare deputy

You’ll make decisions about medical treatment and how someone is looked after.

You can’t become someone’s personal welfare deputy if they’re under 16. Get legal advice if you think the court needs to make a decision about their care.

The court will usually only appoint a personal welfare deputy if:

there’s doubt whether decisions will be made in someone’s best interests, for example because the family disagree about care

someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live